Supreme Court, 8 April 2020, n. 7759
Legal Principle
Although the p.a., In its operating negotiale, si find on a plane equal a the of the private, this not it means that vi a full and absolute equation of its position a a of the private, since l 'Administration is however bearer of a interest public which its act must in each case inspire; nor does it follow that at the same it is precluded the chance of use, in resolution of controversial E deriving from contracts of contract conclusions with private, of the instrument of the c.d. arbitration irrital or free, since in this way the composition of the dispute it would be ad being entrusted to subjects (the arbitrators i irritation) identified, in the area one one legitimate logic negotiation, in defect of any procedure legally determined and, therefore, without adequate guarantees transparency and advertising of the choice.
Methodological Notes
standard